Ibeto Petrochemical Industry Limited v. Motor Tanker Beffen
United States Court of Appeals for the Second Circuit
475 F.3d 56 (2007)
Ibeto (plaintiff) sued Bryggen and the vessel Beffen (defendants) in Nigeria over ocean-water damage to oil shipped under charter-party agreements containing London arbitration clauses, and separately sued in the Southern District of New York to preserve its claims from the statute of limitations. The defendants moved to enjoin the Nigerian proceeding, and Ibeto sought to compel arbitration in London under the charter agreements; the district court granted a permanent injunction against the Nigerian suit and ordered London arbitration, and Ibeto appealed the injunction.
Whether an injunction against a foreign suit will be issued only if the parties in both cases are the same and resolving the domestic case will end the need for the foreign suit.